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Code · BILL · 117th Congress · H.R. 4357 (Introduced in House) — To amend the Homeland Security Act of 2002 to make certain reforms to the Department of Homeland Security, and for ot... · Sec. 518

Sec. 518. Suspension and debarment program

370 words·~2 min read·/bill/117/hr/4357/ih/section-518

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The Secretary shall establish a suspension and debarment program that ensures the Department and each of the components of the Department complies with the laws, regulations, and guidance related to the suspension, debarment, and ineligibility of contractors. The program required to be established under subsection
(a)shall— require that any referral made by a contracting official for consideration of actions to protect the interests of the Federal Government be evaluated, in writing, by an individual designated within the Department as a suspension and debarment official in accordance with the program established under subsection
(a)and other applicable Federal regulations; develop and require training for— all contracting officials of the Department on the causes for suspension and debarment; and compliance with the program established under subsection
(a)and other applicable Federal regulations; and include policies and processes for— tracking, reviewing, and documenting suspension and debarment decisions, including those related to poor performance, fraud, national security considerations, and other criteria determined appropriate by the Secretary; ensuring consideration of and referral for suspension, debarment, or other necessary actions that protect the interests of the Federal Government; managing and sharing relevant documents and information on contractors for use across the Department; requiring timely reporting into a centralized departmental and Government-wide databases by the suspension and debarment officials to capture suspension and debarment activities, document justifications for decisions, or other relevant information; issuing guidance to implement such policies and processes that is regularly updated and includes definitions for all relevant terms related to the program; and timely implementation of agreed upon recommendations from the Inspector General of the Department or the Comptroller General of the United States. Not later than one year after the date of the enactment of this Act and every three years thereafter, the Inspector General of the Department shall— conduct audits relating to grant and procurement awards to identify— improperly awarded contracts or grants to a suspended or debarred entity; and whether corrective actions were taken to prevent recurrence; and review the suspension and debarment program established pursuant to subsection
(a)throughout the Department to assess if— suspension and debarment criteria are consistently applied; and disparities exist in the application of such criteria, particularly with respect to business size and categories.
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